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-   -   Global Entry Denials and Recourse (https://www.flyertalk.com/forum/trusted-travelers/1664297-global-entry-denials-recourse.html)

garykung Apr 28, 2019 3:57 pm


Originally Posted by AceM (Post 31046473)
Is there anything more i can do, i mean they dont tell me exactly why i was denied or the reason i am not qualified how can a person make a proper appeal

Not really, as CBP gives you the reason already.

No income and Mexico? High risks associated with drug trafficking.


Originally Posted by squeakr (Post 31046484)
IMHO if you told them you were arrested by your parents 10 years ago that we didn’t remember much about it that would also be a huge red flag especially if you didn’t have the disposition of the arrest

I don't think that's the reason. CBP should have the ability, like other LEAs, to have OP's rap sheet pulled for review. The rap sheet should be able to supplement whatever OP can't say or remember, even limited.

AceM Apr 29, 2019 3:27 pm

No i have disability income from the military $3000, i showed them the letter with the amount, so im retired, there are many retired people who live in Mex
That didnt make sense to me because wouldnt that make all retired people high risk?

747FC Apr 29, 2019 4:09 pm


Originally Posted by AceM (Post 31050033)
No i have disability income from the military $3000, i showed them the letter with the amount, so im retired, there are many retired people who live in Mex
That didnt make sense to me because wouldnt that make all retired people high risk?

Do they have access to your DD214?

GUWonder Apr 29, 2019 4:56 pm


Originally Posted by AceM (Post 31050033)
No i have disability income from the military $3000, i showed them the letter with the amount, so im retired, there are many retired people who live in Mex
That didnt make sense to me because wouldnt that make all retired people high risk?

They mainly ask the question about income to see how your travel expenses are covered and if you would be susceptible to doing, or to being used to do, questionable cross-border activity for money.

Retirees living largely on a fixed income/pension or someone else’s income aren’t generally perceived as being high-risk, but people whose employment status doesn’t indicate full-time employment are more likely to be asked about income than many others. Being located close to a land border suspected for a high flow of illegal drugs probably doesn’t help in such circumstances.

Between a questionable arrest history and being perceived as not employed in a traditional sense, the conditional approval not being followed up with a final approval at and from the interview step isn’t entirely surprising. If you can get the arrest history cleared up, then you may find yourself more likely to have a successful appeal of sorts.

Where did you do the interview after getting the conditional approval?

drewguy Apr 29, 2019 5:57 pm


Originally Posted by AceM (Post 31046473)
They asked if i was arrested and i said, my parents had me arrested over a decade ago but i dont remember much about it.

I'm not asking for personal details, but this is sufficiently vague it's hard to offer advice. If the arrest was for, e.g., trespassing on their property and they called the cops to vindictively take their estranged son away, that's one story. If they had you arrested because you were dealing and growing pot from their basement while they were letting you live at home for a patch, it's another story. And of course there are a dozen other variants one can imagine. Anyway, if there was any basis for an arrest, CPB is going to have questions that they want answered, first among them - were you fully acquitted and second - what type of crime.

Anyway, with an arrest on your record getting GE is going to be tough, Mexico, income, or DV status regardless.

AceM Apr 30, 2019 12:26 am


Originally Posted by GUWonder (Post 31050273)


They mainly ask the question about income to see how your travel expenses are covered and if you would be susceptible to doing, or to being used to do, questionable cross-border activity for money.

Retirees living largely on a fixed income/pension or someone else’s income aren’t generally perceived as being high-risk, but people whose employment status doesn’t indicate full-time employment are more likely to be asked about income than many others. Being located close to a land border suspected for a high flow of illegal drugs probably doesn’t help in such circumstances.

Between a questionable arrest history and being perceived as not employed in a traditional sense, the conditional approval not being followed up with a final approval at and from the interview step isn’t entirely surprising. If you can get the arrest history cleared up, then you may find yourself more likely to have a successful appeal of sorts.

Where did you do the interview after getting the conditional approval?

It was at the Otay office in San Diego, after being arrested i was never convicted of anything as the charges were dropped, parents have done that numerous times to all of my siblings as they were mentally ill
It would help CBP gave me more information saying i was denied due to X arrest on X date but they simply said im not qualified and provided no other information


Originally Posted by drewguy (Post 31050435)
I'm not asking for personal details, but this is sufficiently vague it's hard to offer advice. If the arrest was for, e.g., trespassing on their property and they called the cops to vindictively take their estranged son away, that's one story. If they had you arrested because you were dealing and growing pot from their basement while they were letting you live at home for a patch, it's another story. And of course there are a dozen other variants one can imagine. Anyway, if there was any basis for an arrest, CPB is going to have questions that they want answered, first among them - were you fully acquitted and second - what type of crime.

Anyway, with an arrest on your record getting GE is going to be tough, Mexico, income, or DV status regardless.

Thats the issue after stating i dont remember much about the arrest in the interview, they didnt say they required more information, if they did want it i could find some way to get the report from the police station where the incident took place, simply stating i am denied because i dont qualify leaves me in the dark, i cant really appeal if i dont know the reasons

GUWonder Apr 30, 2019 1:25 am


Originally Posted by AceM (Post 31051227)
Thats the issue after stating i dont remember much about the arrest in the interview, they didnt say they required more information, if they did want it i could find some way to get the report from the police station where the incident took place, simply stating i am denied because i dont qualify leaves me in the dark, i cant really appeal if i dont know the reasons

It’s the documention of the arrest details and what was done with the charges after the arrest that I would suggest getting and using for the appeal. Your income amount in and of itself sounds more than sufficient to live rather comfortably as a retiree in Mexico. Living in Mexico as a US citizen is also generally not a problem for GE applicants.

The arrest history and the seeming inability or perceived unwillingness to document the details about the arrest are most likely what was the show-stopper (at least for now). Perhaps your ethnicity, age, sex, place of residence and location of the interview didn’t help, but it’s most likely the arrest history/arrest discussion that did it with employment status/history perhaps not helping either.

officerstyles Apr 30, 2019 10:13 am

here is what you do... on the denial letter it shows you who to email or send a letter to to appeal. write the obundman and tell them your story and it should be cleared up

abaheti Apr 30, 2019 11:09 am

Actually raises a good point if an applicant has an arrest or conviction. I had a client with a DUI who got approved for GE without an issue after answering "yes" to the arrest/conviction question -- but I had them take copies of the paperwork with them, with as much detail as they had available, just in case. That's now what I advise friends and clients. The officer's screen will show the bad stuff but not a lot of detail or explanation and the easiest course is to deny.

JonNYC Apr 30, 2019 11:43 am


Originally Posted by abaheti (Post 31052930)
Actually raises a good point if an applicant has an arrest or conviction. I had a client with a DUI who got approved for GE without an issue after answering "yes" to the arrest/conviction question -- but I had them take copies of the paperwork with them, with as much detail as they had available, just in case. That's now what I advise friends and clients. The officer's screen will show the bad stuff but not a lot of detail or explanation and the easiest course is to deny.

Excellent advice and input.

Often1 Apr 30, 2019 12:18 pm


Originally Posted by JonNYC (Post 31053049)
Excellent advice and input.

The failure to do this underlies many of the denials people report here on FT. CBP wants to know the final disposition of a matter and that is not self-evident with many forms of pre-trial diversion and some forms of expungement. Attested (certified) copies of docket entries, judgments and the like are all easy to obtain soon after a case ends. Years later it can be very difficult.

xobile May 10, 2019 12:27 am

Denial Reversed by Ombudsman
 
Hello,

Just wanted to give some info on a relative of mine who applied in 2018 for NEXUS. He was denied due to a '2011 Customs Violation.' It didn't go into detail, but we realized it was an incident where he was caught by CBP with some undeclared onions. He wrote a short appeal to the ombudsman, taking ownership of his mistake, demonstrating an understanding of the need to declare all fruits and vegetables, highlighting his spotless record of a 100+ crossings since the incident, and noting that he always travels with his NEXUS holding wife, so it would be ideal for him, and CBP, if he could travel as a NEXUS holder. The reply email (sent 9 months to the day when he requested reconsideration by email), just said the Ombudsman has reviewed your application and overturned your denial.

He completed the interview today, and despite having all records and documents ready, was not asked about his initial denial. So there is hope for people who have been denied, even if the denial is based on accurate and complete information (which perhaps initially would spit out an automated denial). At the end, in reconsideration, a human makes a decision that it's in the interest of CBP that this person be declared a trusted traveler. I'm happy that this issue is behind us. He honestly did not expect to be approved at all, based on the language of the reconsideration option shown, and short discussions with CBP officers at one of the offices he first contacted (as suggested in the initial denial letter), who said that the ban is pretty much for life and there was nothing they could do at their level. I suppose that is true, but it seems the Ombudsman does in fact have some leeway and power.

I first posted this on the NEXUS Information Thread, I cross-posted it to this Global Entry Denial thread, as this deals with CBP. I hope that is ok.

AceM May 29, 2019 10:32 pm

How would i go about getting information on arrests made over a decade ago, my parents were mentally ill and called the police on their children for various reasons and then would drop all the charges after we were arrested, i was never in jail or detained for long periods just had the cuffs put on and taken to the station

On the site for the county, i used to live in it states this:

In accordance with law, at the end of the ten-year retention period, General District Court records and indices are destroyed. Case records on civil and small claims cases that have been dismissed are destroyed following the yearly audit. If a civil judgment remains unsatisfied, it may be extended by docketing an abstract of the judgment in the Circuit Court. This must be done within the ten-year period from the date the judgment was entered in the General District Court. https://www.fairfaxcounty.gov/genera...iminal/records


Originally Posted by abaheti (Post 31052930)
Actually raises a good point if an applicant has an arrest or conviction. I had a client with a DUI who got approved for GE without an issue after answering "yes" to the arrest/conviction question -- but I had them take copies of the paperwork with them, with as much detail as they had available, just in case. That's now what I advise friends and clients. The officer's screen will show the bad stuff but not a lot of detail or explanation and the easiest course is to deny.

Would it be better to reapply for GE, put yes for arrests and take paperwork to interview instead of waiting for the omsbud to respond?

abaheti May 30, 2019 9:27 am


Originally Posted by AceM (Post 31152176)
How would i go about getting information on arrests made over a decade ago, my parents were mentally ill and called the police on their children for various reasons and then would drop all the charges after we were arrested, i was never in jail or detained for long periods just had the cuffs put on and taken to the station

On the site for the county, i used to live in it states this:

In accordance with law, at the end of the ten-year retention period, General District Court records and indices are destroyed. Case records on civil and small claims cases that have been dismissed are destroyed following the yearly audit. If a civil judgment remains unsatisfied, it may be extended by docketing an abstract of the judgment in the Circuit Court. This must be done within the ten-year period from the date the judgment was entered in the General District Court. https://www.fairfaxcounty.gov/genera...iminal/records


Would it be better to reapply for GE, put yes for arrests and take paperwork to interview instead of waiting for the omsbud to respond?

I can't comment on whether your should refile or wait for the ombudsman as I've never dealt with that situation. If you gather all the records, that may actually even be helpful for the ombudsman. I'm not from Virginia, but I suspect the county retention schedule is for paper records and that electronic records will live on some place (does anything really go away these days?). It may be worth looking at background/criminal history checks you can do on yourself through the state, county, FBI, and even private companies that compile data from local jurisdictions. Maybe contact a local criminal attorney and get their advice on how to prove you were never charged and give you advice on how to find the records? If it is what they do for a living they probably know the quick methods in your jurisdiction. Sorry, I'm not familiar with your locality and I can't stray into giving legal advice.

mcarney64 Jul 28, 2019 11:51 am

I am new to this forum and haven’t been through all of the posts (been posting on the GE first time processing page)

My boyfriend and I cruise a lot - been to the same countries, work at the same place, have the same low level security clearance - I applied for GE on 02/07/19, was approved on 04/23/19, had my Interview and received my GE card within 7 days.

My boyfriend applied on 02/10/19 ... We just got off our cruise and finally able to check on my boyfriend’s status ... after 23 1/2 weeks and numerous escalations, emails and phone calls, he’s been denied - reason was: “You have been found to have violated CBP laws, regulations or other related laws - you do not meet the program eligibility requirements” WTH!!!! Can they be any more less specific? He’s never been arrested, has low level security clearance for work (same as me). The only thing that we can think of is that about 5 years ago, we were flagged debarking the cruise ship for having more than the allotted amount of cartons of cigarettes... he’s been flagged to see customs for alcohol or cigarettes occasionally (because the ship sends customs a list of those who buy more than the allowance) and once he goes to talk to customs officers, he either pays the duty or they waive it ... no citations, tickets, arrests, anything ... no biggie - he doesn’t mind paying duty.

i guess his next course of action action would be to write them and ask what specifically disqualified him so he can write an explanation (shrug)

not sure, but what are the chances of him getting approved for TSA precheck while this mess GE mess is being researched?

Any assistance would be greatly appreciated ... we are both beyond frustrated at this point.

Thank you


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